The Plant Breeders' Rights (Vegetables) (including Field Beans and Field Peas) (Variation) Scheme 1995

• Citation: S.I. 1995/530
• Sections: 5

Section 1 Title, commencement and interpretation

(1) This Scheme may be cited as the Plant Breeders' Rights (Vegetables) (including Field Beans and Field Peas) (Variation) Scheme 1995 and shall come into force on 24th March 1995.

(2) In this Scheme “ the Act ” means the Plant Varieties and Seeds Act 1964 (including that Act as extended to Northern Ireland and as extended to the Isle of Man).

Section 2 Variation of the principal Scheme

The Plant Breeders' Rights (Vegetables) (including Field Beans and Field Peas) Scheme 1980 shall be varied in accordance with the following provisions of this Scheme.

Section 3 Variation of paragraph 6

In paragraph 6 the classes of plant varieties prescribed for the purposes of section 5(7) of the Act (which enables classes of plant varieties to be prescribed in connection with the use of names likely to deceive or cause confusion) shall be varied as follows:

(a) after sub–paragraph (i) there shall be added the following sub–paragraph—

(ia) in relation to plant varieties of leeks of all plant varieties of the species specified in Part IA of Schedule 3 to this Scheme;

(b) after sub–paragraph (ii) there shall be added the following sub–paragraph—

(iia) in relation to plant varieties of Brassica carinata of all plant varieties of the species specified in Part IIA of Schedule 3 to this Scheme;

Section 4 Variation of Schedule 2

Schedule 2 (which prescribes the species of vegetables of which varieties may be the subject of plant breeders' rights) shall be varied as follows:

(a) immediately after the item relating to Apium graveolens L. there shall be inserted the following item—

(b) immediately after the item relating to Beta vulgaris L. var. esculenta L. there shall be inserted the following item—

Brassica carinata

A. Braun.

Abyssinian cabbage

Ethiopian cabbage

TexSel Greens

Section 5 Variation of Schedule 3

Schedule 3 (which specifies the species of which plant varieties are prescribed in connection with the use of names likely to deceive or cause confusion) shall be varied as follows:

(a) after Part I there shall be added the following Part—

LEEKS

and

(b) after Part II there shall be added the following Part—

BRASSICA CARINATA